[109th Congress Public Law 294]
[From the U.S. Government Printing Office]
[DOCID: f:publ294.109]
[[Page 120 STAT. 1351]]
Public Law 109-294
109th Congress
An Act
To authorize the Secretary of the Interior to provide technical and
financial assistance to private landowners to restore, enhance, and
manage private land to improve fish and wildlife habitats through the
Partners for Fish and Wildlife Program. <<NOTE: Oct. 3, 2006 - [S.
260]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Partners for Fish and
Wildlife Act.>> assembled,
SECTION 1. <<NOTE: 16 USC 3771 note.>> SHORT TITLE.
This Act may be cited as the ``Partners for Fish and Wildlife Act''.
SEC. 2. FINDINGS AND <<NOTE: 16 USC 3771.>> PURPOSE.
(a) Findings.--Congress finds that--
(1) approximately 60 percent of fish and wildlife in the
United States are on private land;
(2) it is imperative to facilitate private landowner-
centered and results-oriented efforts that promote efficient and
innovative ways to protect and enhance natural resources;
(3) there is no readily available source of technical
biological information that the public can access to assist with
the application of state-of-the-art techniques to restore,
enhance, and manage fish and wildlife habitats;
(4) a voluntary cost-effective program that leverages public
and private funds to assist private landowners in the conduct of
state-of-the-art fish and wildlife habitat restoration,
enhancement, and management projects is needed;
(5) durable partnerships working collaboratively with
willing private landowners to implement on-the-ground projects
has lead to the reduction of endangered species listings;
(6) Executive Order No. 13352 (69 Fed. Reg. 52989) directs
the Departments of the Interior, Agriculture, Commerce, and
Defense and the Environmental Protection Agency to pursue new
cooperative conservation programs involving the collaboration of
Federal, State, local, and tribal governments, private for-
profit and non-profit institutions, non-governmental entities,
and individuals;
(7) since 1987, the Partners for Fish and Wildlife Program
has exemplified cooperative conservation as an innovative,
voluntary partnership program that helps private landowners
restore wetland and other important fish and wildlife habitat;
and
(8) through 33,103 agreements with private landowners, the
Partners for Fish and Wildlife Program has accomplished the
restoration of 677,000 acres of wetland, 1,253,700 acres
[[Page 120 STAT. 1352]]
of prairie and native grasslands, and 5,560 miles of riparian
and in-stream habitat since 1987, demonstrating much of that
success since only 2001.
(b) Purpose.--The purpose of this Act is to provide for the
restoration, enhancement, and management of fish and wildlife habitats
on private land through the Partners for Fish and Wildlife Program, a
program that works with private landowners to conduct cost-effective
habitat projects for the benefit of fish and wildlife resources in the
United States.
SEC. 3. <<NOTE: 16 USC 3772.>> DEFINITIONS.
In this Act:
(1) Federal trust species.--The term ``Federal trust
species'' means migratory birds, threatened species, endangered
species, interjurisdictional fish, marine mammals, and other
species of concern.
(2) Habitat enhancement.--
(A) In general.--The term ``habitat enhancement''
means the manipulation of the physical, chemical, or
biological characteristics of a habitat to change a
specific function or seral stage of the habitat.
(B) Inclusions.--The term ``habitat enhancement''
includes--
(i) an activity conducted to increase or
decrease a specific function for the purpose of
benefitting species, including--
(I) increasing the hydroperiod and
water depth of a stream or wetland
beyond what would naturally occur;
(II) improving waterfowl habitat
conditions;
(III) establishing water level
management capabilities for native plant
communities;
(IV) creating mud flat conditions
important for shorebirds; and
(V) cross fencing or establishing a
rotational grazing system on native
range to improve grassland nesting bird
habitat conditions; and
(ii) an activity conducted to shift a native
plant community successional stage, including--
(I) burning an established native
grass community to reduce or eliminate
invading brush or exotic species;
(II) brush shearing to set back
early successional plant communities;
and
(III) forest management that
promotes a particular seral stage.
(C) Exclusions.--The term ``habitat enhancement''
does not include regularly scheduled and routine
maintenance and management activities, such as annual
mowing or spraying of unwanted vegetation.
(3) Habitat establishment.--The term ``habitat
establishment'' means the manipulation of physical, chemical, or
biological characteristics of a project site to create and
maintain habitat that did not previously exist on the project
site, including construction of--
(A) shallow water impoundments on non-hydric soils;
and
[[Page 120 STAT. 1353]]
(B) side channel spawning and rearing habitat.
(4) Habitat improvement.--The term ``habitat improvement''
means restoring, enhancing, or establishing physiographic,
hydrological, or disturbance conditions necessary to establish
or maintain native plant and animal communities, including
periodic manipulations to maintain intended habitat conditions
on completed project sites.
(5) Habitat restoration.--
(A) In general.--The term ``habitat restoration''
means the manipulation of the physical, chemical, or
biological characteristics of a site with the goal of
returning the majority of natural functions to the lost
or degraded native habitat.
(B) Inclusions.--The term ``habitat restoration''
includes--
(i) an activity conducted to return a project
site, to the maximum extent practicable, to the
ecological condition that existed prior to the
loss or degradation, including--
(I) removing tile drains or plugging
drainage ditches in former or degraded
wetland;
(II) returning meanders and
sustainable profiles to straightened
streams;
(III) burning grass communities
heavily invaded by exotic species to
reestablish native grass and plant
communities; and
(IV) planting plant communities that
are native to the project site;
(ii) if restoration of a project site to its
original ecological condition is not practicable,
an activity that repairs 1 or more of the original
habitat functions and that involve the use of
native vegetation, including--
(I) the installation of a water
control structure in a swale on land
isolated from overbank flooding by a
major levee to simulate natural
hydrological processes; and
(II) the placement of streambank or
instream habitat diversity structures in
streams that cannot be restored to
original conditions or profile; and
(iii) removal of a disturbing or degrading
element to enable the native habitat to
reestablish or become fully functional.
(6) Private land.--
(A) In general.--The term ``private land'' means any
land that is not owned by the Federal Government or a
State.
(B) Inclusions.--The term ``private land'' includes
tribal land and Hawaiian homeland.
(7) Project.--The term ``project'' means a project carried
out under the Partners for Fish and Wildlife Program established
by section 4.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
[[Page 120 STAT. 1354]]
SEC. 4. PARTNERS FOR FISH AND WILDLIFE <<NOTE: 16 USC 3773.>> PROGRAM.
The Secretary shall carry out the Partners for Fish and Wildlife
Program within the United States Fish and Wildlife Service to provide--
(1) technical and financial assistance to private landowners
for the conduct of voluntary projects to benefit Federal trust
species by promoting habitat improvement, habitat restoration,
habitat enhancement, and habitat establishment; and
(2) technical assistance to other public and private
entities regarding fish and wildlife habitat restoration on
private land.
SEC. 5. AUTHORIZATION OF <<NOTE: 16 USC 3774.>> APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act not
more than $75,000,000 for each of fiscal years 2006 through 2011.
Approved October 3, 2006.
LEGISLATIVE HISTORY--S. 260:
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HOUSE REPORTS: No. 109-562 (Comm. on Resources).
SENATE REPORTS: No. 109-86 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD:
Vol. 151 (2005):
June 27, considered and passed
Senate.
Vol. 152 (2006):
Sept. 20, considered and passed
House.
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